Sleep apnea decisions — 2014

The Board found that the Veteran's sleep apnea pre-existed his final period of active service and did not undergo aggravation during such service, thus denying service connection.

The Board denied the Veteran's claims for service connection for sleep apnea, an acquired psychiatric disorder (other than PTSD), and hypertension. The evidence did not support a finding of in-service onset or continuity of symptomatology.

The Veteran's obstructive sleep apnea was incurred in service, and she is granted service connection for this condition. However, there is no evidence of a current lumbosacral spine disorder that can be linked to her active duty service.

The Veteran's obstructive sleep apnea was incurred during his period of active service and the Board has granted service connection for this condition.

The Veteran's claim for a higher rating for his back disability was denied, and he is currently receiving an initial 40 percent rating for sciatic nerve damage of the right lower extremity.

The Board has granted service connection for right lumbosacral polyradiculopathy as secondary to the Veteran's service-connected lumbar spine disability, effective November 24, 2008. The Veteran is also entitled to a higher initial rating of 40% and TDIU.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected right knee disability. The rating for the right knee disability remains at 10 percent.

The Board denied the Veteran's claims for service connection for various disabilities, finding that there was no evidence to support a nexus between his current conditions and his military service.

The Veteran's appeals for service connection have been dismissed due to his withdrawal of the claims from appellate review.

The Veteran's claim for an increased rating for lumbosacral strain is being remanded due to the need for a new VA examination and consideration of additional medical records.

The Veteran's appeal is being remanded to the RO for scheduling a personal hearing before a Member of the Board by live videoconference.

The Veteran's claim of an earlier effective date for PTSD is dismissed. The Board finds that the Veteran's sleep apnea was incurred during service and grants his claim for service connection.

The Veteran's appeal is being remanded for further development and adjudication of his claims, including the issues related to service connection for psychiatric disabilities, a back disability, erectile dysfunction, sleep apnea, cervical spine degenerative disc disease, and left upper extremity radiculopathy.

The Board denied the Veteran's claim for an effective date prior to June 10, 2003, for the grant of TDIU as his disability was rated at 40% since 1978 and he did not meet the percentage requirements under 38 C.F.R. § 4.16(a) until June 10, 2003.

The Board has determined that the Veteran's low back disability and heart disability are related to her active duty service, granting service connection for both conditions.

The Veteran's low back disability was restored to a 40 percent rating from January 13, 2009.,GERD is service-connected and effective as of the date of receipt of the claim.,Service connection for sleep apnea is granted and effective as of January 8, 2010.,CFS was not service-connected and no earlier effective date can be assigned.,Psoriasis is service-connected and effective as of the date of receipt of the claim.,Residuals of a TBI are service-connected and effective as of the date of receipt of the claim.

The Veteran's claims of service connection for depression, gastritis, and sleep apnea have been reopened. The Board has granted service connection for an acquired psychiatric disability (which includes PTSD and depression).,Service connection is also granted for the Veteran's skin condition as a result of remanding this issue.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a videoconference hearing.

The Veteran's GERD is currently rated at 10 percent, the maximum schedular rating available under DC 7346.,Obstructive sleep apnea has not been established as service-connected.

The Veteran's appeal for service connection for obstructive sleep apnea is being remanded due to the need for a VA examination and further development of evidence.